Welcome to the Weintraub Tobin Resources Page

Browse below for news, legal insights, information on presentations and events, and other resources from the Weintraub Tobin legal team.


Don’t Bet the Lease: Smart Strategies for Handling Landlord Waiver Requests

In the latest issue of “Mark’s Marketing Musings,” Weintraub Tobin Shareholder Mark Ellinghouse explores a growing trend in commercial real estate: landlord waiver agreements and the key considerations for landlords when these requests arise.

About every six months or so, I get the itch to gamble – in a jurisdiction that allows it, of course. Despite decades of [expensive] practice, I’m not very good at it. It seems to me that the best gamblers are somehow able to perceive trends and bet big when they feel the rights cards are about to hit. I instead stick to the “book” and play the odds that are stacked against me from the start. It’s a terrible habit.

9th Circuit Upholds Arbitration Agreement Despite Waiver of Representative PAGA Claims

In a closely watched decision for California employers, the Ninth Circuit reversed a district court’s denial of a motion to compel arbitration in a wage and hour class action against ABM Aviation, Inc., on the grounds that the arbitration agreement was unconscionable. The Ninth Circuit’s opinion provides a useful roadmap for navigating common challenges to arbitration agreements, particularly in light of prior cases like Cook v. USC.

The Briefing: Should Patagonia have sued Pattie Gonia? Trademark Enforcement, Rogers Test, and the cost of being right.

In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Richard D. Buckley, Jr. break down Patagonia’s trademark lawsuit against drag performer and environmental activist Pattie Gonia. They discuss the trademark claims, the First Amendment defenses, and the broader question of whether filing the lawsuit was the right strategic move.

They cover: 

Professional Fiduciaries and Financial Elder Abuse in Trust Administration: Detect, Protect, and Recover

A professional fiduciary occupies a position of remarkable trust. When a vulnerable adult places the management of their financial life in a professional fiduciary’s hands, that trust is legal, statutory, and in California, both licensed and regulated. When the threat to the beneficiary comes from a family member, a caregiver with access, or an advisor acting in bad faith, the professional fiduciary trustee must act.

California Employment News Podcast Hits 100 Episodes, Helping Employers Navigate Evolving Employment Laws

Weintraub Tobin’s California Employment News podcast has reached an exciting milestone with the release of its 100th episode on June 9, 2026.

With regular contributions by all attorneys in the firm’s Labor & Employment Group, the podcast features brief, bi-weekly episodes designed to keep California employers informed on timely developments in employment law. California Employment News is available on Apple, Google, Spotify, Amazon, and other major platforms.